HomeMy WebLinkAboutResolution 98-158 07/27/1998 1 Resolution No. 9a-158 N.C.S.
2 of the City of Petaluma, California
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5 THE CITY COUNCIL OF THE CITY OF PETALUMA DENIES AN APPEAL BY PATRICIA
6 TUTTLE BROWN OF A DECISION BY THE PETALUMA PLANNING COMMISSION TO
7 GRANT A ONE YEAR EXTENSION FOR THE TENTATIVE MAP FOR THE.MAXWELL
8 SUBDIVISION LOCATED EAST OF "D" STREET AT WINDSOR DRIVE;
9 APN 019-120-045 & 046
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12 WHEREAS, on February 6, 1998, Mogel Engineering, on behalf of the Maxwells, filed a 12
13 month extension request to the Tentative Map for the Maxwell Subdivision to extend its
14 expiration from May 20, ] 998, to May 20, 1999; and
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16 WHEREAS, a public notice was published in the Argus-Courier on March 14, 1998, and a public
17 notice was mailed to all properties within 300' of the subject project boundaries; and.
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19 WHEREAS, the Planning Commission at their June 9, 1998 meeting, after opening the public
20 hearing and receiving testimony, approved the Tentative Map extension with additional conditions
2 t of approval, which were agreed to by the Maxwell's representative, Mr. Steve Buckley; and
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23 WHEREAS, Planning staff received an appeal from Ms. Patricia Tuttle Brown of the Planning
24 Commission's decision to grant the Tentative Map extension; in the appeal statement, the
25 appellant noted her opposition to the map extension without provisions/conditions to extend the
26 Urban Separator designation at the Urban Limit Line, and provisions/conditions for anon-
27 vehicular scenicroute for bicyclists and pedestrians within said extension ofthe Urban Separator.
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a~omi~~xo. 98-158 N.c.s. Page 1 of 3
1 NOW THEREFORE, BE IT RESOLVED that the City Council denies Ms. Patricia Tuttie
2 Brown's appeal and sustains the Planning Commission's June 9, 1998 approval of the Tentative
3 Map extension for the Maxwell Subdivision with additional conditions of approval, based on the
4 findings and conditions contained in Resolution 96-125 N.C.S. in which the City Council
5 approved the Maxwell Tentative Subdivision Map, and subject to the following, additional,
6 conditions:
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8 Condition Applied to Maxwell Tentative Map Extension:
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~o I. A continuous 20' wide easement for public access for pedestrians, including bicyclists, a
11 pathway (paved or unpaved), and maintenance, shall be dedicated to the City to provide
tz for public access over the boundaries of the Maxwell Subdivision from: the lands of
13 Horich, APN 019-120-023; the "D" Street right-of-way, including the box-
la culvert/undercrossing of Kelly Creek; and the lands of Premo, APN 019-203-006. The
t5 final location of said easement shall generally follow the course described below, subject
16 to the Planning Director's review and approval prior to acceptance of the Final Map:
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18 A continuous 20' wide easement for public access for pedestrians, including
19 bicyclists, a pathway (paved or unpaved), and maintenance, shall be dedicated
20 along the southerly and/or westerly banks of Kelly Creek, beginning at the lands of
21 Horich, APN 019-120-023, and continuing in a southerly direction over Parcel 14,
22 at or proximal to the "D" Street right-of--way, to the Urban Limit Line; said
Reso. 98-158 NCS Page 2 of 32
1 easement shall then continue easterly along or proximal to the Urban Limit Line,
2 and, as offered by the applicant, said easement shall continue across the remainder
3 land, APN 019-120-046, to the common boundary of said reminder land and the
4 lands of Premo, APN 019-203-006, in a location sufficient to provide for a future
5 extension of said easement over the lands of Premo.
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7 2. An easement sufficient for private vehicular and emergency vehicle access shall be
8 dedicated to the lands of Horich, APN 019-120-023, which extends from the private
9 access on "D" Street, over Kelly Creek, and along the southerly side of Kelly Creek,
]n subject to approval by the Fire Marshal, and Planning Director; prior to recordation of the
11 Final Map.
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Under the power and autbority conferred upon this Council by the Charter of said City.
REFERENCE: I hereby certify the foregoing Resolution waa introduced and adopted by the Approved as to
Council of the City of Petaluma at a (Regular) (Adjourned) (!dam meeting form
on the ..2Zili day of .......~Uly............................................., 19..;3 i.).~ by the
following vote:
~ i Attorney
AYES: Torliatt, Stompe, Vice Mayor Maguire, Mayor Hilligoss
NOES: Read
ABSENT: .Keller, Hamilton C.
ATTEST: _ ..............~---.................._.....~.~.::-1"~
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City Clerk May
Ommcil Fila.._._......_
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